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The Role of Paralegals in the Legal System Essay
Justice. It is something that everyone wants, something that we strive for, even something that
sparks. However, when we think of lawyers, we think of superheroes with an expensive education,
walking into the courtroom and serving up justice. What no one thinks of is the person that helped
the lawyer get there, the paralegal that prepares the necessary documents, the paralegal that makes
sure his or her attorney is at the right place at the right time. A paralegal is crucial and in some
cases vital to our justice system yet they are so often over looked.
To understand what a paralegal does we must first understand what the job of a lawyer entails.
Black's Law Dictionary defines a lawyer as "a person learned in the law; as an attorney,...show more
content...
The next couple of hours were a whirlwind of this attorney going over the countless motions and
discoveries that were in this relatively thick file.
With such short notice there was something that was vital to him "winning" this hearing, it was
the criminal paralegal a couple of offices over. If it were not for her meticulousness then the
hearing would have been a disaster. I interviewed a couple of the paralegals at the Summit Law
Firm and one of them was Ana Lopez, the Criminal Case Manager, during the interview she
emphasized the attention to detail that is needed to be a great paralegal. Depending on where and in
what field of the law one works in the number of cases that one handles can vary drastically. At the
Summit Law Firm the number of caseload is growing and with that comes the chance that something
falls in between the cracks.
When a doctor performs surgery and leaves a scalpel or a sponge inside the patient chances are
there is going to be a medical malpractice lawsuit, although uncommon legal malpractice suits do
exist. Sally Greer the Civil Case Manager for the Firm told me about the deadlines that cannot be
missed in civil cases like Personal Injury, Medical Malpractice, and Social Security. In a legal
malpractice suit the client has to show that the attorney was negligent and the lack of strategy on the
attorney's part caused the harm to the client.
All of this boils down to a couple of vital attributes to a great
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A Career As A Legal Assistant Essay
I often wish that I could spend more time on campus than at work, however, like most students, I
work two jobs to pay bills and tuition. Fortunately, I have been blessed with the opportunity to work
in the legal field, which has become an invaluable supplement to my education as I pursue a BA in
Legal Studies. I have taken advantage of this opportunity to further develop my skills and experience
by taking on new, challenging tasks beyond my assigned duties. For example, in addition to my
administrative assignments, I have been tasked with preparing motions, subpoenas, and briefs with
minimal supervision–all tasks which are typically delegated to paralegals, as opposed to legal
assistants. I am very grateful to have this opportunity to gain...show more content...
In addition, I have passed two other state exams to become licensed to sell property, casualty, health,
and life insurance. Furthermore, I am currently studying to pass the optional Insurance Studies
program offered by employer which provides associates with the opportunity to develop and improve
insurance–related professional qualifications. To further achieve my educational objectives, I
recently interviewed with the UAA Justice Department in hopes of being selected to serve as a
Student Research Assistant. The person selected for the position will assist with a major policy
analysis research project funded by the State of Alaska. This is an incredibly valuable opportunity
because it involves utilizing Westlaw, which is one of the two primary legal research engines for
lawyers and other legal professionals in the United States. If selected for this position, I will not
only be able to further develop my research skills and ability to work in Westlaw–which is a highly
sought after skill in the legal profession– but I will also be able to do my job as a legal professional
competently and efficiently. The ability to perform in the legal field competently and efficiently are
two of
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Same Sex Marriage Should be Legal Essay
Marriage is the sacred bond between two people who love and cherish one another. Traditionally
this bond has been held between man and woman. With so many changes in the world, there are
more openly homosexual people in our society. Though people have become more accepting of the
existence of homosexuality, gays and lesbians are still considered unequal when it comes to marriage
. Homosexual couples should have the same rights to marry as heterosexual couples. Denying this
right is unjust and is discrimination towards a group of people. Same–sex marriage has become more
of a political issue when it really should be left up to one's own personal and religious beliefs. Even
though there are a few states that recognize legal...show more content...
California is one of the states that allow domestic partnership and recently allow marriage.
According to Olson, California has categorize Californian couples: "heterosexual couples who can
get married, divorced and remarried, if they wish; same–sex couples who cannot get married but can
live together in domestic partnerships; and same–sex couples who are now married but who, if they
divorce, cannot remarry." Many may feel that homosexual marriage is morally wrong because of
their religious beliefs. It is one of our rights as Americans to freely believe in what we want to
believe in including same gender marriage. Theodore B. Oison in "The Conservative Case for Gay
Marriage" quoted the Declaration of Independence: "We hold these truths to be self–evident, that all
men are created equal, that they are endowed by their Creator with certain unalienable Rights that
among these are Life, Liberty and the Pursuit of Happiness." In Gay Marriage? Absolutely," Cat
Saunders feels that this statement in the constitution alone should be enough to guarantee a
legitimate gay marriage. How can you live your life if you are not "free (liberty)... to marry the
person you love (the pursuit of happiness)." If there is supposed to be a separation of church and
state then why does the government have so much control over holy matrimony? The choice to
marry whomever should be left to the religious organizations
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Essay On Legal Advice
I am writing to you to seek some Legal advice for an issue that's been on–going for the last year and
I now feel, enough is enough and I need to take the most appropriate action and I am hoping you can
help me, along the way. I can only apologise for the length of this Letter, but unfortunatelay, a
significant amount has taken place. I started a full–time contract with The Barker Baker Ltd, of
which commenced on the 14th of February 2016, originally I was a retail assistant when I joined,
but within weeks, I was promoted to Assistant Manager. I felt my employment was an excellent
opportunity and I was honored with such responsibility. In April 2016, I was approached by the
Owner of the Business and was asked, if I would like to invest...show more content...
I was on sick for approximately 3 months and upon obtaining the sick notes, I submitted these to the
Company, this I thought would be a stress–free procedure, however, I received no Sick Pay at all and
wasn't able to get any further information. This continued for several months and I simply had
enough, upon December 2016, I received a Solicitors letter, of whom is representing the Owner
in question, this stated that an IVA has been called in to take over all debt and will be in touch, in
due course. At this stage, I was a little optimistic and thought I would let Legal take control of this
matter. Several months went by and I received no further response and I am still waiting for
correspondence. I don't know if I am entitled to know who the IVA is, but I certainly haven't been
given any information and upon enquiring this, I was told by the owner that they will speak to
the IVA, but never received a reply. Ironically, it hasn't stopped and I have felt obliged to lend my
boss further money, this resulted in me taking out 2 overdrafts and 4 credit cards. I don't know
why I just feel like it's a good thing to do and it's helping somebody else. During my time at The
Barker Baker, I also obtained phone contracts in my name for the owner and her partner, of which
payments are being missed. I have within the last few months, stopped lending
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Legal Studies College Essay Sample
The Legal Studies Academy is the right fit for me because of it's focus on legal and ethical issues. I
believe that this academy will prepare me best for post–secondary education and allow me to explore
different law–related careers. I am very interested in the way that legal studies are infused into
units in the core subjects. I would be very excited to be able to focus on these issues that I'm
passionate about, across different subjects. I have a multitude of experiences, skills, and talents that
I hope to bring to First Colonial. I am extremely passionate about advocating for the fair treatment
of all people. I am specifically passionate about women's, LGBTQ+, and racial equality. My
passions have led me to become interested in politics
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Legal Phositivism And Natural Law
Legal positivism and natural law These are two legal philosophies or theory of law that are
commonly used in the daily arguments and discussions of the legal issues. These two, in as
much as have the observance of the law as the common factor, have varied or divergent approach
to law as a discipline and as a practice. Natural law This is divided into two major subsections with
the first being natural law theory of morality; this deals with what is right and what is wrong. The
second being the natural law theory of positive law; which deals with what is legal and what is
illegal. Natural law theory of morality There are several tenets that define this particular
philosophy of natural law. The first is that everything, living and inanimate like the plants and
rocks have a purpose and the good that comes out of these is the manifestation and realization of
their purpose. The second claim here is that happiness and flourishing is what is good for human
beings. The development of the capacities to friendship, knowledge, social life and such like are
based on the sense of justice and that the moral virtues like courage, temperance, benevolence do
help us fulfill our true nature. The third proposition is that natural laws is a set of truths about
justice and morality and are rules that we must follow to live a fulfilled life and a flourishing life.
Immoral acts are deemed to violate natural law hence are unnatural and virtuous behavior on the
other hand are considered
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Should Assisted Suicide Be Legal Essay
I feel that assisted suicide should be legal. Right now only five states have legalized it California,
Oregon, New Mexico, Washington, and Vermont. Based on the fact that they won't suffer at the end
of their life, they die with dignity and understanding, also vital organs can be saved and used for
other patients.
First, some patients are suffering through so much pain and should be allowed to decide when
enough is enough.if a person is mentally stable and can understand the decision they are making
then they can end it. When a terminally ill patient is in so much pain they cannot truly live and
enjoy their life, this gives them a way to end their misery. Getting past a condition that will leave
them suffering during the last days of their lives is the only thing they want and may get help doing
it. Since not all physicians can legally help patients...show more content...
When the patient dies they could donate their vital organs to the hospital. This may save other
people's lives and allow them not to suffer. At least 400 people die while waiting for an organ.
People who are not going to make it anyway should be allowed to die and give surgeons more time
to save the vital organs they can.
On the opposing side people can say that this should not be legal because It could open the
floodgate to unnecessary patient suicides and other abuses. Also Many religions are very against
suicide. But these statements are wrong because doctors run tests and make sure that patients are
stable enough, and are suffering enough to make the choice. Also not all people are religious, plus
if they were and are considering suicide It's their choice.
In conclusion, based on the evidence supporting people's suffering, dignity, and organs can be
saved.it's easy to see that assisted suicide should be legal. Just think of all the pain those people go
through, and they don't even really get to live their
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Legal Requirements Essay
I am writing to you, to your request, to inform you on the legal requirements you will need to
follow in order to correctly follow the law, and help you Start–up Company expand. I would like to
go over what exactly a legal requirement is, simply the law set in place by any given government
that you must follow in order to be allowed to operate your company within their country, not all
legal requirements are equal in severity, some will result in prison time and others will result in a
simple fine, whatever the case, they must be followed. There are two types of legal requirements,
the first of which being compliance, this is a requirement that will result in no prison time if
broken, but simply a fine, you will also not be branded as a...show more content...
This law will also be of great use for you and your company, as it will deter many people from using
data on the company in a way you did not agree upon. In a way that is adequate, relevant and not
excessive – this Law is designed to make data use specialised, meaning it's not used in a way that
might have been agreed upon for use, but not in the way that it has been used for; this act will
result in data having to be used in any area it makes sense, for example, you won't be able to use
data on how many times someone has broken the law when the data is meant to be used to support
the claim that money is being used dangerously by banks. This Act will also be of great use for the
company as it will prevent rivals using data on your company in non–relevant situations, like during
an advertisement. Kept for no longer then is necessary – once data is used and no longer need it,
destroy the recorders you hold of it, this is the best way to avoid breaking this principle. This will
have many positive impacts on the company as it will help deter other businesses from holding
data on the company for long periods of time, this will prevent them using the data in a way to
threaten you or risking them being hacked, resulting in the data being in the hand of someone who
was not given right to hold it. Kept safe and secure – this is in place to make sure data isn't stolen or
lost, easily avoidable by
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The English Legal System Essay
The English Legal System The English legal system is based on Common Law as opposed to
Civil Law. Common Law is a system whereby Judges apply judgment derived from experience as
well as knowledge of legal precedent; a system based on customs. Whereas Civil Law, which
developed out of the Roman Law of Justinian's Corpus Juris Civilis, is mainly based on written
legislation, thus judgements are made on the provisions of codes and statutes; a system based on
written doctrine. The English Legal System is extensive and very complicated therefore, I have
decided for the purposes of this essay to discuss areas in which I have sufficient knowledge to form
an opinion and conclude as...show more content...
Most laws have an element of fairness or moral consensus. However as parliament have the
ultimate influences over what becomes law; it is possible that some laws reflect the philosophies
of individual political parties. In the past when the divide between Conservative and Labour
party philosophy was more apparent it could be argued that laws passed by a Conservative
government represented the interests of the rich and powerful. Religion has also played a part in
what is legal and illegal and additionally results in injustice. Reforms in the law can also reflect
changes in values of society as a whole e.g. the new law allowing same sex marriage in England.
The law commission, set up in 1965, is obviously there to reflect the need for constant reform
although change is still slow. With England's membership in the European Union and ever
improving technological advances, the process of reform is too slow and does not reflect the
current pace of change in England. In England some crime is punishable by loss of freedom i.e.
prison. I believe that although prisons are necessary to protect society from dangerous individuals
e.g. rapists and murderers. Prison may not necessarily be the best form of punishment for many
offenders. Prisons in England are overcrowded and the number of repeat offenders is very high. This
indicates that prison, as a punishment is not working for
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Legal Systems, The American Legal System Essay
Like most legal systems, the American legal system, has its ups and downs. However, in criminal
law, the accused have to be proven guilty beyond a reasonable doubt. As a result, this places a very
strong burden of proof on the prosecutor. Furthermore, this allows it to become extremely difficult to
convict an innocent bystander. Let's say the judge decides to exclude evidence in the case. Let's say
you were charged with a crime, in this case murder. A motion to suppress evidence can be made by
the defendant if they believe the evidence that was obtained was in violation of their fourth
amendment. This amendment protects you from unreasonable searches and seizures. If this is
granted by the judge, then the case is useless because without evidence, the case cannot proceed.
However, seeing there are various exceptions to the rule, this does not guarantee the evidence that
was illegally acquired will be suppressed by the judge. The judge will only deny the motion if the
police officer acted in good faith when they violated the client's rights. In addition, the evidence must
be competent and relevant, meaning it should be connected to the charges and collected within
regulations of the law. In the notorious case of Miranda vs Arizona, the defendant confessed to
incriminating evidence during various interrogation techniques without being notified of his Fifth
Amendment rights prior to the interrogation. According to Reville 2009, shortly after confessing his
crime, he requested
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Our interactions within the law and society may be described as acts of legal consciousness. The
term 'legal consciousness' is used to describe an understanding of the law, society, and ones place
within. This awareness is informed by, and informs our societal interaction at both a group and
individual level. It is my strong belief, that through critical reflection of our legal consciousness,
we are empowered with the ability to influence and analyze the role of law and its effectiveness
within society. Legal consciousness is both a form of scrutiny and a device of law. It is the basis
for the formation of opinions on some of the more difficult ethical or moral questions posed, such as;
abortion and euthanasia.
Abortion in Australia has...show more content...
Justice was at this point achieved for women who now, or in the future, would seek to have an
abortion, however, for those lobbying for the right of the child it was and is not.
Whilst in some instances, justice has to some extent, been achieved, this is not always the case.
Euthanasia is one of the most, radically contested issues of today. Activists have continually sought
law reform on this topic over the last 30 years. Yet, with similar issues as to that of abortion, it
raises strong ethical and moral questions. In this case, the beliefs of those opposed have seen a halt
on any reform. Meaning that justice, for those in some of the most horrific of life positions, is not
being served. Euthanasia is another matter involving 'choice' and 'sanctity of life', it also continues
the argument of liberal versus democratic, utilitarian perspectives. An example of the tension
between these two principles is seen in comments made by the Australian Catholic Bishops
Conference, 'the demands of common good must be measured against claims of liberties: a request
for voluntary euthanasia is a request to be killed by another... Aspects of common good affected by
the legislation of euthanasia include equal protection under the law,... and factors affecting an
individuals sense of security a times when they are feeling particularly
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Abortion Should Be Legal Essay
Through every choice in life, there is a decision that must follow. Abortion is a woman's individual
choice; therefore, must be a legal part in todays society. Individual rights have an outstanding role
in the controversial topic, on whether abortion should become legal in the United States . The
individual rights for abortion show rights of life, liberty, and pursuit of happiness. As well, women
should be able to have the choice to choose to have an abortion for several important reasons. The
right to make these decisions should lie in the hands of the "mother" to make decisions concerning
their own to make decisions concerning their own bodies. In addition, women should be given the
choice to have an abortion if they are too young...show more content...
Bringing unwanted children into this world, with the means of improper care and love is
restraining the pursuit of happiness in these children. If us as humans don't have the ability to
give a child a healthy life; then the point to bring them into this world is not useful and causes
lots more problems that should have never erupted in the first place. Should an individual have the
obligation to go through a nine month pregnancy, or go through childbirth, or the mental stress of
raising or giving away the child? The individual rights a women has are not only for herself, but
the child relying on her to live. One of the woman's most basic freedoms is the right to control her
own body and to determine if she bears a child. Only she can determine whether she is emotional,
physical, and economic ready at any given time to have and raise a child.(Chicago Women's
Liberation Union) While the common good for abortion is in a recent study, US Supreme Court
found that women have better mental health when they have abortion as an option. It also means
children are born and raised by parents who wants them and that young teens have a chance to
educate themselves and become parents when they are ready. People often think an abortion is a
terrible thing, a choice for those irresponsible teenagers that get pregnant while lots of more stressful
arguments go into abortion. Thinking of such a
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Legal Case Study Essay
Legal Case Study This case is about the disagreement between Simpsons Ltd v Thowers Ltd. The
carrier's liabilities will be discussed in three parts, firstly to resolve the problem, I am going to give a
short description of the main components of the contract of carriage of goods by sea Act 1971,
secondly I will decide which of the Hague Visby rules or theCommon law is applicable, and to finish
I am going to apply the rules in looking for the liabilities of the carrier by searching the...show more
content...
A) Conditions of the application Hague Visby rules.
The Hague Visby rules do apply if :
Art 1 (Carriage of Goods by Sea Act 1971)
* The contract is based on a bill of lading or any other document of title.
* Carriage of Goods by Sea is between ports in two different states.
* The goods are not live animals
* If the contract of carriage stated as being carried on deck and is so carried.
B) Effect of the exclusion clause
In the case, one clause could put in balance the use of the Hague Visby rules. In fact it is on the
first bill of lading " five containers containing engine parts, liberty to carry on deck", we have to
check if the shipper could carry on deck or not.
The case Simpsons v Thowers complete the first three obligations if we want Hague Visby rules
apply. In fact, the contract is regulated by a bill of lading, which has been signed in two parts from
contracting states and the goods capacity conform with the law (no live animals or dangerous
goods). There are engine parts and 1,000 gallons of paint.
However, with the clause "liberty to carry on deck", we could ask them in this particular case if the
Hague Visby rules cannot apply.
In fact, the clause "liberty to carry on deck" is inadequate even if the contract stated that goods are
being carried on deck and are so carried, the Hague Visby rules do not
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Task 1. 1.1Explain the purpose and effect of legal system on society The legal system is the
system made by the government that people can follow rules and regulation of the country Laws
are the large number of rules imposed up on and enforced among person in society for the
achieving of peace and the resolution of disputes (Gerbic and Lawrence 2002) Purpose of law in
society Protect people and property Promotes social justice Maintain peace Shapes moral student
Stop people from breaking the law Protect our culture and religion Effect of law in society
Economic control Values and morality Social order Rationalisation of society Administrative
agencies Maori interests 2.1 Describe how the factors given below have shaped the New Zealand
law. Ans: пѓ Values and morality: Values and morals are related to people's opinions, their
lifestyle and what they believe is wrong or right. But different culture or ethnic group have its own
values and moral belief. In New Zealand, the majority of values and morals of the society had an
impact to create the law of New Zealand. Often people will act in a certain way so as to obey
society's moral laws. Breaking a moral law may not necessarily mean breaking a real law. However,
they are often closely interrelated. I.Social order: – the propose of a legal system is to control
society, to maintain society order therefore, the need for social order is one of the founding forces
shaping New Zealand law. пѓ Interest
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Legal Brief Essay
United States V McClatchey
217 F3d 823 Cir., (10th , 2000)
I. Background
This case of U.S government versus defendant McClatchey involves hospital CEO, two
physicians, and Mr. McClatchy who is a part of the administrative staff at Baptist Medical center.
Two physicians involved in the case worked together in a group practice called BVMG that
provided care to the nursing homes. In 1984, they brought a proposal to the Baptist Medical
Center to have them buy the practice and in return physicians were to refer their patients from
other hospitals to Baptist medical center. This proposal was rejected; however, some negotiation of
this plan took place and Baptist medical center agreed to pay a fee of 75,000 dollars to each doctor
for...show more content...
However, the court declared that this "intent" could not be one of the purposes to establish a
relationship. Therefore, the Circuit court reversed, holding that "the evidence supports a reasonable
inference that McClatchey would never have supported negotiating and still maintaining the contract
(between Baptist and the physicians) even after being aware of the fact that the physicians were not
providing the services detailed in the contract. Hence, his intent to induce the doctors to continue
referring their patients to Baptist medical center was not absent while providing remuneration to the
physicians who are deliberately violating the contract rules.
III. Issues 1. Was McClatchey a part of the conspiracy that was a direct violation of the Medicare
Anti–Kickback law? 2. Should McClatchey be provided another trial?
IV. Holdings 1. Yes, because one of the intentions or purposes that was projected through Baptist's
contract with the Physicians at BVMG was to refer their Medicare patients to the Baptist. 2. No,
because there was no prejudicial variances found at any level of the court hearings or decisions.
V. Rationale 1. What indicates that the violation of Anti–Kickback law took place in this case of US
v McClatchey?
Answer: In the case of US v. McClatchey,Jury first convicted the hospital CEO, two physicians and
McClatchey on the charges of violating the Anti–Kickback statue. However, the
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Why Gay Marriage Should Be Legal
There are more than eight million people in the United States that are in the LGBT, which stands
for (lesbian, gay, bisexual, and transgender) community. All of those people want to marry who they
want and have the same rights as anyone else. Gay marriage rights should be legal because it will
make LGBT families more stable, create a non–discriminated society, and more children could be
adopted.
The first reason it should be legal is that it will make LGBT families more stable. Children raised by
same–sex parents had fewer social problems than heterosexual raised children. This proves that
same–sex parents are just as capable as heterosexual parents. Same–sex families are usually made by
either adoption or surrogacy. It ends up costing tons of money, but to them it is worth it. For them to
take a child who has no one to care for them is amazing....show more content...
Eventually it will bring down the high rate of hatred in the world. Gay marriage rights could change
how people look and treat one another. We hope that one–day no one will judge one another based
on their religion, race, or even life choices. The LGBT community is discriminated against every
day for just being themselves. All people should be able to express themselves however they want
without judgment. The last reason gay marriage rights will change is letting more kids be adopted
into loving homes. Many children do not get adopted for, there are not enough people in the world
to care for them. A while ago, states kept gay men and women from adopting and fostering children.
Even now many states still keep children away from same–sex couples, and continue to say they
must be married to adopt or foster children. It is unfair to withhold children from loving families
who can take care of them. The United States has 115,000 children that are waiting to be adopted and
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Should the Death Penalty Be Legal? Essay
There is a lot of controversy about whether the death penalty should be legal or not. It is widely
used, with only 18 out of the 50 states having abolished it, but should it be permitted, regardless of
the popularity of it? The answer is no. It should be abolished because it demeans life, is cruel, prison
is a better punishment, and it is not effective.
Steve Earle once said "My objection to the death penalty is based on the idea that this is a
democracy, and in a democracy the government is me, and if the government kills somebody then
I'm killing somebody." The death penalty demeans life. It makes life seem like something that can
just be thrown away if you do something wrong, when in reality, it is something that should be
carefully...show more content...
"There is no man so bad that he cannot be made good for something." says Jean–Jacques Rousseau
in his book, The Social Contract. Everyone can become a better person in some way or another.
People make very bad decisions sometimes and there is nothing anyone can do to prevent that, but
once this happens, then, we can work it out with the person so that they realize that what they did
is wrong and that they can do so much better. If they are simply put to death, then there is no way
for them to improve. Even if they live, and they do not improve in who they are, then we can all be
calm in knowing that they had the opportunity to. "The death penalty is the number one killer of
killers." said Mokokoma Mokhonoana.
A prisoner's life consists of twenty–three hours per day in a tiny, empty concrete cell, with one hour
of daily exercise in a small concrete swimming pool; they have no access to other inmates, and only
rare contact with guards, who say nothing to them; they can see nothing of the outside world except
a tiny sliver of sky. The death penalty as punishment is an unnecessary threat compared to the
dullness of what prison life is like.
Finally, the death penalty is not effective. If it really and truly worked, there would be no more crime
deservant of the death penalty. All of it would have stopped when the death penalty was first
legalized. If criminals feared death, they wouldn't commit the crime in the first
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Essay The English Legal System
The English legal system is complex and there are many ways in which it can be influenced, this
essay will explore some of the different, more obvious ways the law can be changed and what this
shows in relation to the quote above. First the essay will discuss the different ways the law can be
created and changed and who enables and controls those changes, with my primary examples being
the common law and legislation for the judicracy and Parliament respectively, then the essay will
cover to what extent these powers enable the judicracy to change and create law in relation to
Parliament and if it could be discribed as "opportunistic and piecemeal".
It is definitely arguable that in order to promote democracy in it's current format there...show more
content...
What makes the common law so effective is that in the English legal system, law can effectly be
split into substantive rules and statute law, generally unless Parliament has specifically legislates
something, it's not illegal in civil law, the common law governs more common and behavoural
issues that most people can agree on such as murder or stealing, giving the court some discretion in
cases.
The judicracy has other ways of extending it's influence to law–making such as statutory
interpretation, this means that even though the law should attempt to be as clear as possible,
sometimes vagueness is caused. The courts have different rules as to how they might interpretate
unclear statutes and the judicracy does not always agree on the best one. This again is an example
of the judicracy exercising discretion in legal matters, which they tend to have the power to use to
some minor extent at most levels, this allows the judicracy to apply a human aspect to the law and
make smaller refinements.
Parliament has the power to allow others to make law through delegated (or subordinate)
legislation. This is normally done through an enabling Act, which lays down the framework for law
for a specific issue and allows the
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My Dream Job: Being a Lawyer Essay examples
"The jury has made their decision, the plaintiff has been found guilty." These are the words that
one day I will finally hear. My future goal is to be a lawyer. A lawyer is a professional person
authorized to practice law. They defend or prosecute people for the crimes they have committed.
(dictionary.com) I am very out spoken and believe in fighting for what I want or think is right.
Being a lawyer means that there are many responsibilities to carry out. It takes a great deal of
timing and patience to finish the job,which I'm sure I can handle. Being a lawyer can be a tough
job to work on. All you have to do is work as much as you can to succeed on the case. A beginning
lawyer makes about $25,000–$128,000 a year. (Pasternak & Thornburg...show more content...
If you receive retirement, benefits in the form of pension or annuity payments from a qualified
employer retirement plan. The amounts you receive may be fully taxable or partly taxable.
(www.lawyers.com)
An aspiring lawyer must enter law school and complete a Juris doctor program. However, before
applying to law school, an undergraduate degree must first be completed. In some places, a drug
test is randomly completed. (www.lawyer.com) Lawyer's students set on a career in law need to
continue getting good grades in their university life, and not make the error of thinking that it is only
the end–of–third–year exam performance that counts. First and second–year exam results are taken
into account by firms and chambers when considering applicants for work experience, as well as
training contracts/pupils. (www.aboutlawschools.org) Personally this is something I wouldn't need
to adjust to being growing up my mom always made sure I was on track with my school work.
Some skills are needed as stated in "The Criminal Justice Lawyer on page 1" it says "the ability to
write high quality legal briefs that successfully present the client's case". A lawyer needs to have a
lot of knowledge of the law and the rights of the people. They should also know how to analyze
legal issues in light of the existing state of the law. (www.aboutlawschools.org) It is also important
to know the road in which the law is headed, and important policy
Get more content on HelpWriting.net
Should Gay Marriage Be Legalized? Essay
Introduction What does it mean to be gay and why does society discriminate against those who
are deemed to be gay? This paper establishes that being gay is primarily based on the supposition
that one is either homosexual, transgender, lesbian, or bisexual. It also establishes that one of the
primary reasons why gays are discriminated against within the society is religion; that some of the
views held by different religious conclaves substantiate gay rejection by the society. On a more
personal rather than institutional level, this paper also reveals that the culture of gay is also largely
rebuked based on individual philosophies and moral standings which is precisely the min reason as
to why hate crimes against gays have in the past found a substantive projection. In the American
socio–cultural fabric, the emergence of gays has generated a continuous debate about gay marriage;
essentially whether it should be legalized or not. The debate has pitted religion verses gay rights
activists who base their arguments on the equal rights protection clause of the Fourteenth
Amendment of the US Constitution. In conclusion, this paper will elaborate on some of the some
of the states that have inherently legalized gay marriage, the projection of the issue five years from
today, and how society can assist in making the world a better place for gays.
Background on Homosexuality For purposes of coherence, the word gay will be periodically
interchanged with the phrase homosexual. To
Get more content on HelpWriting.net

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Legal Essay

  • 1. The Role of Paralegals in the Legal System Essay Justice. It is something that everyone wants, something that we strive for, even something that sparks. However, when we think of lawyers, we think of superheroes with an expensive education, walking into the courtroom and serving up justice. What no one thinks of is the person that helped the lawyer get there, the paralegal that prepares the necessary documents, the paralegal that makes sure his or her attorney is at the right place at the right time. A paralegal is crucial and in some cases vital to our justice system yet they are so often over looked. To understand what a paralegal does we must first understand what the job of a lawyer entails. Black's Law Dictionary defines a lawyer as "a person learned in the law; as an attorney,...show more content... The next couple of hours were a whirlwind of this attorney going over the countless motions and discoveries that were in this relatively thick file. With such short notice there was something that was vital to him "winning" this hearing, it was the criminal paralegal a couple of offices over. If it were not for her meticulousness then the hearing would have been a disaster. I interviewed a couple of the paralegals at the Summit Law Firm and one of them was Ana Lopez, the Criminal Case Manager, during the interview she emphasized the attention to detail that is needed to be a great paralegal. Depending on where and in what field of the law one works in the number of cases that one handles can vary drastically. At the Summit Law Firm the number of caseload is growing and with that comes the chance that something falls in between the cracks. When a doctor performs surgery and leaves a scalpel or a sponge inside the patient chances are there is going to be a medical malpractice lawsuit, although uncommon legal malpractice suits do exist. Sally Greer the Civil Case Manager for the Firm told me about the deadlines that cannot be missed in civil cases like Personal Injury, Medical Malpractice, and Social Security. In a legal malpractice suit the client has to show that the attorney was negligent and the lack of strategy on the attorney's part caused the harm to the client. All of this boils down to a couple of vital attributes to a great Get more content on HelpWriting.net
  • 2. A Career As A Legal Assistant Essay I often wish that I could spend more time on campus than at work, however, like most students, I work two jobs to pay bills and tuition. Fortunately, I have been blessed with the opportunity to work in the legal field, which has become an invaluable supplement to my education as I pursue a BA in Legal Studies. I have taken advantage of this opportunity to further develop my skills and experience by taking on new, challenging tasks beyond my assigned duties. For example, in addition to my administrative assignments, I have been tasked with preparing motions, subpoenas, and briefs with minimal supervision–all tasks which are typically delegated to paralegals, as opposed to legal assistants. I am very grateful to have this opportunity to gain...show more content... In addition, I have passed two other state exams to become licensed to sell property, casualty, health, and life insurance. Furthermore, I am currently studying to pass the optional Insurance Studies program offered by employer which provides associates with the opportunity to develop and improve insurance–related professional qualifications. To further achieve my educational objectives, I recently interviewed with the UAA Justice Department in hopes of being selected to serve as a Student Research Assistant. The person selected for the position will assist with a major policy analysis research project funded by the State of Alaska. This is an incredibly valuable opportunity because it involves utilizing Westlaw, which is one of the two primary legal research engines for lawyers and other legal professionals in the United States. If selected for this position, I will not only be able to further develop my research skills and ability to work in Westlaw–which is a highly sought after skill in the legal profession– but I will also be able to do my job as a legal professional competently and efficiently. The ability to perform in the legal field competently and efficiently are two of Get more content on HelpWriting.net
  • 3. Same Sex Marriage Should be Legal Essay Marriage is the sacred bond between two people who love and cherish one another. Traditionally this bond has been held between man and woman. With so many changes in the world, there are more openly homosexual people in our society. Though people have become more accepting of the existence of homosexuality, gays and lesbians are still considered unequal when it comes to marriage . Homosexual couples should have the same rights to marry as heterosexual couples. Denying this right is unjust and is discrimination towards a group of people. Same–sex marriage has become more of a political issue when it really should be left up to one's own personal and religious beliefs. Even though there are a few states that recognize legal...show more content... California is one of the states that allow domestic partnership and recently allow marriage. According to Olson, California has categorize Californian couples: "heterosexual couples who can get married, divorced and remarried, if they wish; same–sex couples who cannot get married but can live together in domestic partnerships; and same–sex couples who are now married but who, if they divorce, cannot remarry." Many may feel that homosexual marriage is morally wrong because of their religious beliefs. It is one of our rights as Americans to freely believe in what we want to believe in including same gender marriage. Theodore B. Oison in "The Conservative Case for Gay Marriage" quoted the Declaration of Independence: "We hold these truths to be self–evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the Pursuit of Happiness." In Gay Marriage? Absolutely," Cat Saunders feels that this statement in the constitution alone should be enough to guarantee a legitimate gay marriage. How can you live your life if you are not "free (liberty)... to marry the person you love (the pursuit of happiness)." If there is supposed to be a separation of church and state then why does the government have so much control over holy matrimony? The choice to marry whomever should be left to the religious organizations Get more content on HelpWriting.net
  • 4. Essay On Legal Advice I am writing to you to seek some Legal advice for an issue that's been on–going for the last year and I now feel, enough is enough and I need to take the most appropriate action and I am hoping you can help me, along the way. I can only apologise for the length of this Letter, but unfortunatelay, a significant amount has taken place. I started a full–time contract with The Barker Baker Ltd, of which commenced on the 14th of February 2016, originally I was a retail assistant when I joined, but within weeks, I was promoted to Assistant Manager. I felt my employment was an excellent opportunity and I was honored with such responsibility. In April 2016, I was approached by the Owner of the Business and was asked, if I would like to invest...show more content... I was on sick for approximately 3 months and upon obtaining the sick notes, I submitted these to the Company, this I thought would be a stress–free procedure, however, I received no Sick Pay at all and wasn't able to get any further information. This continued for several months and I simply had enough, upon December 2016, I received a Solicitors letter, of whom is representing the Owner in question, this stated that an IVA has been called in to take over all debt and will be in touch, in due course. At this stage, I was a little optimistic and thought I would let Legal take control of this matter. Several months went by and I received no further response and I am still waiting for correspondence. I don't know if I am entitled to know who the IVA is, but I certainly haven't been given any information and upon enquiring this, I was told by the owner that they will speak to the IVA, but never received a reply. Ironically, it hasn't stopped and I have felt obliged to lend my boss further money, this resulted in me taking out 2 overdrafts and 4 credit cards. I don't know why I just feel like it's a good thing to do and it's helping somebody else. During my time at The Barker Baker, I also obtained phone contracts in my name for the owner and her partner, of which payments are being missed. I have within the last few months, stopped lending Get more content on HelpWriting.net
  • 5. Legal Studies College Essay Sample The Legal Studies Academy is the right fit for me because of it's focus on legal and ethical issues. I believe that this academy will prepare me best for post–secondary education and allow me to explore different law–related careers. I am very interested in the way that legal studies are infused into units in the core subjects. I would be very excited to be able to focus on these issues that I'm passionate about, across different subjects. I have a multitude of experiences, skills, and talents that I hope to bring to First Colonial. I am extremely passionate about advocating for the fair treatment of all people. I am specifically passionate about women's, LGBTQ+, and racial equality. My passions have led me to become interested in politics Get more content on HelpWriting.net
  • 6. Legal Phositivism And Natural Law Legal positivism and natural law These are two legal philosophies or theory of law that are commonly used in the daily arguments and discussions of the legal issues. These two, in as much as have the observance of the law as the common factor, have varied or divergent approach to law as a discipline and as a practice. Natural law This is divided into two major subsections with the first being natural law theory of morality; this deals with what is right and what is wrong. The second being the natural law theory of positive law; which deals with what is legal and what is illegal. Natural law theory of morality There are several tenets that define this particular philosophy of natural law. The first is that everything, living and inanimate like the plants and rocks have a purpose and the good that comes out of these is the manifestation and realization of their purpose. The second claim here is that happiness and flourishing is what is good for human beings. The development of the capacities to friendship, knowledge, social life and such like are based on the sense of justice and that the moral virtues like courage, temperance, benevolence do help us fulfill our true nature. The third proposition is that natural laws is a set of truths about justice and morality and are rules that we must follow to live a fulfilled life and a flourishing life. Immoral acts are deemed to violate natural law hence are unnatural and virtuous behavior on the other hand are considered Get more content on HelpWriting.net
  • 7. Should Assisted Suicide Be Legal Essay I feel that assisted suicide should be legal. Right now only five states have legalized it California, Oregon, New Mexico, Washington, and Vermont. Based on the fact that they won't suffer at the end of their life, they die with dignity and understanding, also vital organs can be saved and used for other patients. First, some patients are suffering through so much pain and should be allowed to decide when enough is enough.if a person is mentally stable and can understand the decision they are making then they can end it. When a terminally ill patient is in so much pain they cannot truly live and enjoy their life, this gives them a way to end their misery. Getting past a condition that will leave them suffering during the last days of their lives is the only thing they want and may get help doing it. Since not all physicians can legally help patients...show more content... When the patient dies they could donate their vital organs to the hospital. This may save other people's lives and allow them not to suffer. At least 400 people die while waiting for an organ. People who are not going to make it anyway should be allowed to die and give surgeons more time to save the vital organs they can. On the opposing side people can say that this should not be legal because It could open the floodgate to unnecessary patient suicides and other abuses. Also Many religions are very against suicide. But these statements are wrong because doctors run tests and make sure that patients are stable enough, and are suffering enough to make the choice. Also not all people are religious, plus if they were and are considering suicide It's their choice. In conclusion, based on the evidence supporting people's suffering, dignity, and organs can be saved.it's easy to see that assisted suicide should be legal. Just think of all the pain those people go through, and they don't even really get to live their Get more content on HelpWriting.net
  • 8. Legal Requirements Essay I am writing to you, to your request, to inform you on the legal requirements you will need to follow in order to correctly follow the law, and help you Start–up Company expand. I would like to go over what exactly a legal requirement is, simply the law set in place by any given government that you must follow in order to be allowed to operate your company within their country, not all legal requirements are equal in severity, some will result in prison time and others will result in a simple fine, whatever the case, they must be followed. There are two types of legal requirements, the first of which being compliance, this is a requirement that will result in no prison time if broken, but simply a fine, you will also not be branded as a...show more content... This law will also be of great use for you and your company, as it will deter many people from using data on the company in a way you did not agree upon. In a way that is adequate, relevant and not excessive – this Law is designed to make data use specialised, meaning it's not used in a way that might have been agreed upon for use, but not in the way that it has been used for; this act will result in data having to be used in any area it makes sense, for example, you won't be able to use data on how many times someone has broken the law when the data is meant to be used to support the claim that money is being used dangerously by banks. This Act will also be of great use for the company as it will prevent rivals using data on your company in non–relevant situations, like during an advertisement. Kept for no longer then is necessary – once data is used and no longer need it, destroy the recorders you hold of it, this is the best way to avoid breaking this principle. This will have many positive impacts on the company as it will help deter other businesses from holding data on the company for long periods of time, this will prevent them using the data in a way to threaten you or risking them being hacked, resulting in the data being in the hand of someone who was not given right to hold it. Kept safe and secure – this is in place to make sure data isn't stolen or lost, easily avoidable by Get more content on HelpWriting.net
  • 9. The English Legal System Essay The English Legal System The English legal system is based on Common Law as opposed to Civil Law. Common Law is a system whereby Judges apply judgment derived from experience as well as knowledge of legal precedent; a system based on customs. Whereas Civil Law, which developed out of the Roman Law of Justinian's Corpus Juris Civilis, is mainly based on written legislation, thus judgements are made on the provisions of codes and statutes; a system based on written doctrine. The English Legal System is extensive and very complicated therefore, I have decided for the purposes of this essay to discuss areas in which I have sufficient knowledge to form an opinion and conclude as...show more content... Most laws have an element of fairness or moral consensus. However as parliament have the ultimate influences over what becomes law; it is possible that some laws reflect the philosophies of individual political parties. In the past when the divide between Conservative and Labour party philosophy was more apparent it could be argued that laws passed by a Conservative government represented the interests of the rich and powerful. Religion has also played a part in what is legal and illegal and additionally results in injustice. Reforms in the law can also reflect changes in values of society as a whole e.g. the new law allowing same sex marriage in England. The law commission, set up in 1965, is obviously there to reflect the need for constant reform although change is still slow. With England's membership in the European Union and ever improving technological advances, the process of reform is too slow and does not reflect the current pace of change in England. In England some crime is punishable by loss of freedom i.e. prison. I believe that although prisons are necessary to protect society from dangerous individuals e.g. rapists and murderers. Prison may not necessarily be the best form of punishment for many offenders. Prisons in England are overcrowded and the number of repeat offenders is very high. This indicates that prison, as a punishment is not working for Get more content on HelpWriting.net
  • 10. Legal Systems, The American Legal System Essay Like most legal systems, the American legal system, has its ups and downs. However, in criminal law, the accused have to be proven guilty beyond a reasonable doubt. As a result, this places a very strong burden of proof on the prosecutor. Furthermore, this allows it to become extremely difficult to convict an innocent bystander. Let's say the judge decides to exclude evidence in the case. Let's say you were charged with a crime, in this case murder. A motion to suppress evidence can be made by the defendant if they believe the evidence that was obtained was in violation of their fourth amendment. This amendment protects you from unreasonable searches and seizures. If this is granted by the judge, then the case is useless because without evidence, the case cannot proceed. However, seeing there are various exceptions to the rule, this does not guarantee the evidence that was illegally acquired will be suppressed by the judge. The judge will only deny the motion if the police officer acted in good faith when they violated the client's rights. In addition, the evidence must be competent and relevant, meaning it should be connected to the charges and collected within regulations of the law. In the notorious case of Miranda vs Arizona, the defendant confessed to incriminating evidence during various interrogation techniques without being notified of his Fifth Amendment rights prior to the interrogation. According to Reville 2009, shortly after confessing his crime, he requested Get more content on HelpWriting.net
  • 11. Our interactions within the law and society may be described as acts of legal consciousness. The term 'legal consciousness' is used to describe an understanding of the law, society, and ones place within. This awareness is informed by, and informs our societal interaction at both a group and individual level. It is my strong belief, that through critical reflection of our legal consciousness, we are empowered with the ability to influence and analyze the role of law and its effectiveness within society. Legal consciousness is both a form of scrutiny and a device of law. It is the basis for the formation of opinions on some of the more difficult ethical or moral questions posed, such as; abortion and euthanasia. Abortion in Australia has...show more content... Justice was at this point achieved for women who now, or in the future, would seek to have an abortion, however, for those lobbying for the right of the child it was and is not. Whilst in some instances, justice has to some extent, been achieved, this is not always the case. Euthanasia is one of the most, radically contested issues of today. Activists have continually sought law reform on this topic over the last 30 years. Yet, with similar issues as to that of abortion, it raises strong ethical and moral questions. In this case, the beliefs of those opposed have seen a halt on any reform. Meaning that justice, for those in some of the most horrific of life positions, is not being served. Euthanasia is another matter involving 'choice' and 'sanctity of life', it also continues the argument of liberal versus democratic, utilitarian perspectives. An example of the tension between these two principles is seen in comments made by the Australian Catholic Bishops Conference, 'the demands of common good must be measured against claims of liberties: a request for voluntary euthanasia is a request to be killed by another... Aspects of common good affected by the legislation of euthanasia include equal protection under the law,... and factors affecting an individuals sense of security a times when they are feeling particularly Get more content on HelpWriting.net
  • 12. Abortion Should Be Legal Essay Through every choice in life, there is a decision that must follow. Abortion is a woman's individual choice; therefore, must be a legal part in todays society. Individual rights have an outstanding role in the controversial topic, on whether abortion should become legal in the United States . The individual rights for abortion show rights of life, liberty, and pursuit of happiness. As well, women should be able to have the choice to choose to have an abortion for several important reasons. The right to make these decisions should lie in the hands of the "mother" to make decisions concerning their own to make decisions concerning their own bodies. In addition, women should be given the choice to have an abortion if they are too young...show more content... Bringing unwanted children into this world, with the means of improper care and love is restraining the pursuit of happiness in these children. If us as humans don't have the ability to give a child a healthy life; then the point to bring them into this world is not useful and causes lots more problems that should have never erupted in the first place. Should an individual have the obligation to go through a nine month pregnancy, or go through childbirth, or the mental stress of raising or giving away the child? The individual rights a women has are not only for herself, but the child relying on her to live. One of the woman's most basic freedoms is the right to control her own body and to determine if she bears a child. Only she can determine whether she is emotional, physical, and economic ready at any given time to have and raise a child.(Chicago Women's Liberation Union) While the common good for abortion is in a recent study, US Supreme Court found that women have better mental health when they have abortion as an option. It also means children are born and raised by parents who wants them and that young teens have a chance to educate themselves and become parents when they are ready. People often think an abortion is a terrible thing, a choice for those irresponsible teenagers that get pregnant while lots of more stressful arguments go into abortion. Thinking of such a Get more content on HelpWriting.net
  • 13. Legal Case Study Essay Legal Case Study This case is about the disagreement between Simpsons Ltd v Thowers Ltd. The carrier's liabilities will be discussed in three parts, firstly to resolve the problem, I am going to give a short description of the main components of the contract of carriage of goods by sea Act 1971, secondly I will decide which of the Hague Visby rules or theCommon law is applicable, and to finish I am going to apply the rules in looking for the liabilities of the carrier by searching the...show more content... A) Conditions of the application Hague Visby rules. The Hague Visby rules do apply if : Art 1 (Carriage of Goods by Sea Act 1971) * The contract is based on a bill of lading or any other document of title. * Carriage of Goods by Sea is between ports in two different states. * The goods are not live animals * If the contract of carriage stated as being carried on deck and is so carried. B) Effect of the exclusion clause In the case, one clause could put in balance the use of the Hague Visby rules. In fact it is on the first bill of lading " five containers containing engine parts, liberty to carry on deck", we have to check if the shipper could carry on deck or not. The case Simpsons v Thowers complete the first three obligations if we want Hague Visby rules apply. In fact, the contract is regulated by a bill of lading, which has been signed in two parts from contracting states and the goods capacity conform with the law (no live animals or dangerous goods). There are engine parts and 1,000 gallons of paint. However, with the clause "liberty to carry on deck", we could ask them in this particular case if the Hague Visby rules cannot apply. In fact, the clause "liberty to carry on deck" is inadequate even if the contract stated that goods are being carried on deck and are so carried, the Hague Visby rules do not Get more content on HelpWriting.net
  • 14. Task 1. 1.1Explain the purpose and effect of legal system on society The legal system is the system made by the government that people can follow rules and regulation of the country Laws are the large number of rules imposed up on and enforced among person in society for the achieving of peace and the resolution of disputes (Gerbic and Lawrence 2002) Purpose of law in society Protect people and property Promotes social justice Maintain peace Shapes moral student Stop people from breaking the law Protect our culture and religion Effect of law in society Economic control Values and morality Social order Rationalisation of society Administrative agencies Maori interests 2.1 Describe how the factors given below have shaped the New Zealand law. Ans: пѓ Values and morality: Values and morals are related to people's opinions, their lifestyle and what they believe is wrong or right. But different culture or ethnic group have its own values and moral belief. In New Zealand, the majority of values and morals of the society had an impact to create the law of New Zealand. Often people will act in a certain way so as to obey society's moral laws. Breaking a moral law may not necessarily mean breaking a real law. However, they are often closely interrelated. I.Social order: – the propose of a legal system is to control society, to maintain society order therefore, the need for social order is one of the founding forces shaping New Zealand law. пѓ Interest Get more content on HelpWriting.net
  • 15. Legal Brief Essay United States V McClatchey 217 F3d 823 Cir., (10th , 2000) I. Background This case of U.S government versus defendant McClatchey involves hospital CEO, two physicians, and Mr. McClatchy who is a part of the administrative staff at Baptist Medical center. Two physicians involved in the case worked together in a group practice called BVMG that provided care to the nursing homes. In 1984, they brought a proposal to the Baptist Medical Center to have them buy the practice and in return physicians were to refer their patients from other hospitals to Baptist medical center. This proposal was rejected; however, some negotiation of this plan took place and Baptist medical center agreed to pay a fee of 75,000 dollars to each doctor for...show more content... However, the court declared that this "intent" could not be one of the purposes to establish a relationship. Therefore, the Circuit court reversed, holding that "the evidence supports a reasonable inference that McClatchey would never have supported negotiating and still maintaining the contract (between Baptist and the physicians) even after being aware of the fact that the physicians were not providing the services detailed in the contract. Hence, his intent to induce the doctors to continue referring their patients to Baptist medical center was not absent while providing remuneration to the physicians who are deliberately violating the contract rules. III. Issues 1. Was McClatchey a part of the conspiracy that was a direct violation of the Medicare Anti–Kickback law? 2. Should McClatchey be provided another trial? IV. Holdings 1. Yes, because one of the intentions or purposes that was projected through Baptist's contract with the Physicians at BVMG was to refer their Medicare patients to the Baptist. 2. No, because there was no prejudicial variances found at any level of the court hearings or decisions. V. Rationale 1. What indicates that the violation of Anti–Kickback law took place in this case of US v McClatchey? Answer: In the case of US v. McClatchey,Jury first convicted the hospital CEO, two physicians and McClatchey on the charges of violating the Anti–Kickback statue. However, the Get more content on HelpWriting.net
  • 16. Why Gay Marriage Should Be Legal There are more than eight million people in the United States that are in the LGBT, which stands for (lesbian, gay, bisexual, and transgender) community. All of those people want to marry who they want and have the same rights as anyone else. Gay marriage rights should be legal because it will make LGBT families more stable, create a non–discriminated society, and more children could be adopted. The first reason it should be legal is that it will make LGBT families more stable. Children raised by same–sex parents had fewer social problems than heterosexual raised children. This proves that same–sex parents are just as capable as heterosexual parents. Same–sex families are usually made by either adoption or surrogacy. It ends up costing tons of money, but to them it is worth it. For them to take a child who has no one to care for them is amazing....show more content... Eventually it will bring down the high rate of hatred in the world. Gay marriage rights could change how people look and treat one another. We hope that one–day no one will judge one another based on their religion, race, or even life choices. The LGBT community is discriminated against every day for just being themselves. All people should be able to express themselves however they want without judgment. The last reason gay marriage rights will change is letting more kids be adopted into loving homes. Many children do not get adopted for, there are not enough people in the world to care for them. A while ago, states kept gay men and women from adopting and fostering children. Even now many states still keep children away from same–sex couples, and continue to say they must be married to adopt or foster children. It is unfair to withhold children from loving families who can take care of them. The United States has 115,000 children that are waiting to be adopted and Get more content on HelpWriting.net
  • 17. Should the Death Penalty Be Legal? Essay There is a lot of controversy about whether the death penalty should be legal or not. It is widely used, with only 18 out of the 50 states having abolished it, but should it be permitted, regardless of the popularity of it? The answer is no. It should be abolished because it demeans life, is cruel, prison is a better punishment, and it is not effective. Steve Earle once said "My objection to the death penalty is based on the idea that this is a democracy, and in a democracy the government is me, and if the government kills somebody then I'm killing somebody." The death penalty demeans life. It makes life seem like something that can just be thrown away if you do something wrong, when in reality, it is something that should be carefully...show more content... "There is no man so bad that he cannot be made good for something." says Jean–Jacques Rousseau in his book, The Social Contract. Everyone can become a better person in some way or another. People make very bad decisions sometimes and there is nothing anyone can do to prevent that, but once this happens, then, we can work it out with the person so that they realize that what they did is wrong and that they can do so much better. If they are simply put to death, then there is no way for them to improve. Even if they live, and they do not improve in who they are, then we can all be calm in knowing that they had the opportunity to. "The death penalty is the number one killer of killers." said Mokokoma Mokhonoana. A prisoner's life consists of twenty–three hours per day in a tiny, empty concrete cell, with one hour of daily exercise in a small concrete swimming pool; they have no access to other inmates, and only rare contact with guards, who say nothing to them; they can see nothing of the outside world except a tiny sliver of sky. The death penalty as punishment is an unnecessary threat compared to the dullness of what prison life is like. Finally, the death penalty is not effective. If it really and truly worked, there would be no more crime deservant of the death penalty. All of it would have stopped when the death penalty was first legalized. If criminals feared death, they wouldn't commit the crime in the first Get more content on HelpWriting.net
  • 18. Essay The English Legal System The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy and Parliament respectively, then the essay will cover to what extent these powers enable the judicracy to change and create law in relation to Parliament and if it could be discribed as "opportunistic and piecemeal". It is definitely arguable that in order to promote democracy in it's current format there...show more content... What makes the common law so effective is that in the English legal system, law can effectly be split into substantive rules and statute law, generally unless Parliament has specifically legislates something, it's not illegal in civil law, the common law governs more common and behavoural issues that most people can agree on such as murder or stealing, giving the court some discretion in cases. The judicracy has other ways of extending it's influence to law–making such as statutory interpretation, this means that even though the law should attempt to be as clear as possible, sometimes vagueness is caused. The courts have different rules as to how they might interpretate unclear statutes and the judicracy does not always agree on the best one. This again is an example of the judicracy exercising discretion in legal matters, which they tend to have the power to use to some minor extent at most levels, this allows the judicracy to apply a human aspect to the law and make smaller refinements. Parliament has the power to allow others to make law through delegated (or subordinate) legislation. This is normally done through an enabling Act, which lays down the framework for law for a specific issue and allows the Get more content on HelpWriting.net
  • 19. My Dream Job: Being a Lawyer Essay examples "The jury has made their decision, the plaintiff has been found guilty." These are the words that one day I will finally hear. My future goal is to be a lawyer. A lawyer is a professional person authorized to practice law. They defend or prosecute people for the crimes they have committed. (dictionary.com) I am very out spoken and believe in fighting for what I want or think is right. Being a lawyer means that there are many responsibilities to carry out. It takes a great deal of timing and patience to finish the job,which I'm sure I can handle. Being a lawyer can be a tough job to work on. All you have to do is work as much as you can to succeed on the case. A beginning lawyer makes about $25,000–$128,000 a year. (Pasternak & Thornburg...show more content... If you receive retirement, benefits in the form of pension or annuity payments from a qualified employer retirement plan. The amounts you receive may be fully taxable or partly taxable. (www.lawyers.com) An aspiring lawyer must enter law school and complete a Juris doctor program. However, before applying to law school, an undergraduate degree must first be completed. In some places, a drug test is randomly completed. (www.lawyer.com) Lawyer's students set on a career in law need to continue getting good grades in their university life, and not make the error of thinking that it is only the end–of–third–year exam performance that counts. First and second–year exam results are taken into account by firms and chambers when considering applicants for work experience, as well as training contracts/pupils. (www.aboutlawschools.org) Personally this is something I wouldn't need to adjust to being growing up my mom always made sure I was on track with my school work. Some skills are needed as stated in "The Criminal Justice Lawyer on page 1" it says "the ability to write high quality legal briefs that successfully present the client's case". A lawyer needs to have a lot of knowledge of the law and the rights of the people. They should also know how to analyze legal issues in light of the existing state of the law. (www.aboutlawschools.org) It is also important to know the road in which the law is headed, and important policy Get more content on HelpWriting.net
  • 20. Should Gay Marriage Be Legalized? Essay Introduction What does it mean to be gay and why does society discriminate against those who are deemed to be gay? This paper establishes that being gay is primarily based on the supposition that one is either homosexual, transgender, lesbian, or bisexual. It also establishes that one of the primary reasons why gays are discriminated against within the society is religion; that some of the views held by different religious conclaves substantiate gay rejection by the society. On a more personal rather than institutional level, this paper also reveals that the culture of gay is also largely rebuked based on individual philosophies and moral standings which is precisely the min reason as to why hate crimes against gays have in the past found a substantive projection. In the American socio–cultural fabric, the emergence of gays has generated a continuous debate about gay marriage; essentially whether it should be legalized or not. The debate has pitted religion verses gay rights activists who base their arguments on the equal rights protection clause of the Fourteenth Amendment of the US Constitution. In conclusion, this paper will elaborate on some of the some of the states that have inherently legalized gay marriage, the projection of the issue five years from today, and how society can assist in making the world a better place for gays. Background on Homosexuality For purposes of coherence, the word gay will be periodically interchanged with the phrase homosexual. To Get more content on HelpWriting.net